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1
Steiner, Eva. Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0011.
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This chapter concerns French administrative law. It examines the characteristic features and principal rules, procedures, and remedies related to administrative activities. The chapter also considers administrative law in its historical perspective and how this has led to a major structural distinction which has been applied in France since the 1789 Revolution the distinction between public and private ‘functions’. It is important to note that in the last decades, there has been a significant impact of EU law on the development of administrative law in the legal system of EU Member States, including France and the United Kingdom. In this respect, the common adoption by European states of general principles such as the principle of legitimate expectation and the principle of proportionality have had the effect of bringing the public law body of these countries closer together.
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Cohen, Amichai, and David Zlotogorski. Proportionality in International Humanitarian Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197556726.001.0001.
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The principle of proportionality is one of the cornerstones of International Humanitarian Law (IHL). Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of this principle is vague. Almost every issue is in dispute—from the most elementary question of how to compare civilian harm and military advantage, to the possible obligation to employ accurate but expensive weapons. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military and civilian purposes?
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Stone Sweet, Alec, and Jud Mathews. Proportionality Balancing and Constitutional Governance. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841395.001.0001.
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This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.
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Kreß, Claus, and Robert Lawless, eds. Necessity and Proportionality in International Peace and Security Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197537374.001.0001.
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Necessity and proportionality hold a place in the international law governing the use of force by states and in the law of armed conflict (LOAC). However, the precise contours of these two requirements are uncertain and controversial. This book explores in 5 parts how necessity and proportionality manifest under the law governing the use of force and the LOAC. First, the book introduces the reader to how necessity and proportionality factor in the debate about the interaction between morality and law in the use of military force. Second, the book addresses the issue of how proportionality in the law governing the use of force relates to proportionality in the LOAC. Third, the book addresses a number of pressing legal issues including: how proportionality and necessity are linked under international law, the controversial “unwilling and unable” test, drones and targeted killing, their application during civil war, and the need for further transparency in states’ justification for the use of force in self-defense. Fourth, the book analyzes the role of military necessity within the LOAC on the battlefield. This includes discussions about the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in a proportionality analysis. Finally, the book concludes with a discussion on the potential role of proportionality in the law governing post-conflict contexts.
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Craig, Paul. EU Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198831655.001.0001.
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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
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Christodoulidou, Theodora, and Kalliopi Chainoglou. The Principle of Proportionality from a Jus Ad Bellum Perspective. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0056.
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This chapter analyses the principle of proportionality from a jus ad bellum perspective and its application in the exercise of the right of self-defence, in the use of force to protect human rights, and against terrorism. It first gives an overview of the contemporary law of the use of force as codified in the UN Charter, followed by a discussion on proportionality in customary international law. It then considers the measures by which double proportionality is calculated and, in particular, how proportionality can be measured when it seeks to meet the general objective of the use of force. Finally, the chapter examines the concept of proportionality as reflected in the judicial decisions of the International Court of Justice (ICJ) and in the legal opinions of the ICJ judges.
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N Jansen, Calamita. The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law-iic/9780190265779.016.0004.
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This chapter focuses on the principle of proportionality, examining its potential to act as a unifying guiding framework for the application and interpretation of investment treaties. It addresses threshold concerns about the legitimacy of introducing without state consent a concept that is not a general principle of law or customary norm, and then addresses whether proportionality can really be used to develop coherent treaty interpretations in the absence of fundamental agreement on questions regarding the relative strength of the rights and interests to be balanced in the analysis. It also considers the potential inutility of proportionality as a mode of analysis without agreement on the standard of review employed by tribunals in their application of a proportionality standard.
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Margaret M, deGuzman. Part V Fairness and Expeditiousness of ICC Proceedings, 37 Proportionate Sentencing at the ICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0037.
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In sentencing decisions, the concept of proportionality is often understood in purely retributive terms-punishment should accord with the desert of the perpetrator. This contribution argues that the ICC should use retributive proportionality at most as a limiting principle. It begins with a brief critique of ICC sentencing approaches, including the Lubanga sentencing judgment. Next, it provides an overview of the dominant theories of proportionality and some of their implications for sentencing. Third, the chapter examines the sources of law available to the ICC in relation to proportionality analysis, demonstrating that they support a focus on crime prevention. Fourth, the chapter explains why retributive proportionality would be both impracticable and dangerous. Finally, it proposes a preventive theory of proportionate punishment, arguing that the ICC should focus primarily on appropriate norm expression and other aspects of prevention, such as deterrence, incapacitation, and restorative justice.
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Hermansson, Jörgen. The Election System. Edited by Jon Pierre. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199665679.013.6.
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The key word for understanding the essence of the election system in Sweden is proportionality. The proportional representation system was introduced in 1911 by a Conservative government before the introduction of universal and equal suffrage. The goal was to avoid a catastrophe for the political right as a consequence of a coming change to democracy. The party interests have continued to shape the politics in this area, and the principle of proportionality has increasingly become the norm for all political parties. They have been engaged in an ever-present and ongoing fine-tuning of the system with improved proportionality as the primary purpose.
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Ober, Josiah, and Barry R. Weingast. The Sparta Game. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190649890.003.0007.
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In this chapter, Ober and Weingast find the roots of some of the most unusual features of Archaic/Classical-era Sparta in the “proportionality principle.” That principle holds that the stability of a regime in which ruling elites extract revenues from nonelites through violence (or its threat) requires that each elite receive a share of rents proportionate to his potential to employ disruptive violence. When proportionality is respected, no one with the power to disrupt society has an incentive to do so. This equilibrium situation helps explain the high degree of stability in Sparta’s sociopolitical system, but it also held the seeds of Sparta’s demise. Proportionality meant that rents could not be redistributed in ways that would have been more economically productive, and the Spartans’ failure to redistribute rents led to the regular demotion of the least successful Spartiates from the ruling class and hence to demographic and military collapse.
11
Sime, Stuart. 46. Costs. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.5605.
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This chapter focuses on legal costs. It discusses the two main principles for deciding which party should pay the costs of an application or of the whole proceedings; the rule that costs follow the event; range of possible costs orders; interim costs orders; indemnity principle; basis of quantification; proportionality; summary and detailed assessments; fast track fixed costs; fixed and scale costs; costs and track allocation; publicly funded litigants; pro bono costs orders; costs against non-parties; and wasted costs orders.
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Sime, Stuart. 46. Costs. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.5605.
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This chapter focuses on legal costs. It discusses the two main principles for deciding which party should pay the costs of an application or of the whole proceedings; the rule that costs follow the event; range of possible costs orders; interim costs orders; indemnity principle; basis of quantification; proportionality; summary and detailed assessments; fast track fixed costs; fixed and scale costs; costs and track allocation; publicly funded litigants; pro bono costs orders; costs against non-parties; and wasted costs orders.
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Sime, Stuart. 46. Costs. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.5605.
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This chapter focuses on legal costs. It discusses the two main principles for deciding which party should pay the costs of an application or of the whole proceedings; the rule that costs follow the event; range of possible costs orders; interim costs orders; indemnity principle; basis of quantification; proportionality; summary and detailed assessments; fast track fixed costs; fixed and scale costs; costs and track allocation; publicly funded litigants; pro bono costs orders; costs against non-parties; and wasted costs orders.
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Veatch, Robert M., Amy Haddad, and E. J. Last. Avoidance of Killing. Edited by Robert M. Veatch, Amy Haddad, and E. J. Last. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780190277000.003.0010.
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Avoidance of killing is a moral consideration that arises in health care controversies involving the notions that human life is sacred or that killing is morally wrong. Pharmacists may find themselves in positions where they must reconcile the idea that generally killing is a harm to be avoided based on the principle of nonmaleficence with the idea that death might be perceived by a particular patient as a beneficial outcome. This chapter explores the principle of avoidance of killing, highlights differences between active, merciful killing and decisions to forgo treatment, and discusses the concept of proportionality. The cases presented involve topics such as withholding treatment and withdrawing treatment and direct versus indirect killing.
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El principio de proporcionalidad y los derechos fundamentales : el principio de proporcionalidad como criterio para determinar el contenido de los derechos fundamentales vinculante para el legislador. Universidad Externado de Colombia, 2014.
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16
Ryberg, Jesper. Neuroscientific Treatment of Criminals and Penal Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198758617.003.0010.
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Does the implementation of treatment schemes as an integrated element in the sentencing of offenders violate a retributivist view of punishment? Traditional rehabilitationism has often been held to conflict with retributive justice. However, in this chapter it is argued that: 1) treatment schemes can be designed in a way that is fully consistent with retributive proportionality constraints; 2) treatment schemes cannot plausibly be rejected by retributivists as a type of punishment that should be banned in principle; 3) there may be circumstances under which the retributivist should accept treatment schemes even if criminals are being disproportionately punished.
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Roberts, Julian V., Jesper Ryberg, and Jan W. de Keijser. Sentencing the Multiple Offender. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190607609.003.0001.
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This book examines the complexities of sentencing when the offender stands convicted of multiple crimes. Contributors tackle the problem of multiple-offense sentencing in different ways and diverse perspectives. They consider the potential justifications for adopting a different approach when sentencing multiple offenders, one that results in more lenient sentences than would be the case if the crimes had been committed (and punished) as single offenses. They also discuss the courts’ pragmatic solutions to the problem, including the totality principle and the concept of overall proportionality, as well as proposals to justify the so-called bulk discount for multiple offending. Finally, they address the tension that exists between multiple concurrent crimes, and multiple crimes committed and punished sequentially.
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Sweet, Alec Stone, Clare Ryan, and Eric Palmer. A Kantian System of Constitutional Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0003.
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This chapter develops an account of a Kantian system of constitutional justice based on a series of interlocking claims: (i) that the People have placed their freedom in trust, in the form of a charter of rights; (ii) that rights provisions instantiate the foundations on which the external freedom of all persons may be constructed; (iii) that public officials are under a duty to make and enforce law in ways that fulfill the rights of persons that come under their authority; (iv) that an omnilateral trustee, a constitutional court, supervises the lawmaking activities of officials, through the enforcement of the Universal Principle of Right (UPR); and (v) that the UPR, as operationalized through the proportionality principle, lays down the basic criterion for the legitimacy of all positive law. Insofar as these structural features combine to render rights protection more effective, they will also maximize a polity’s capacity to achieve a Rightful condition.
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Tesón, Fernando R. Humanitarian Intervention as Defense of Persons. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190202903.003.0002.
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This chapter lays the foundation of the argument for part I. It starts by rejecting the distinction between offensive and defensive wars. All justified wars are wars in defense of persons. Humanitarian intervention, therefore, has the same rationale as national self-defense. Humanitarian intervention is defined as a war to defend persons attacked in their territory by their own government or other political group. The chapter also locates war as part of a coercion continuum, and claims that the justification of coercion depends crucially on the principle of proportionality. This means that coercion to remedy rights violations will be justified if it incurs an acceptable cost. Because war is an extreme form of coercion, it will be justified only when the predictable costs are morally unacceptable.
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de Keijser, Jan, Julian V. Roberts, and Jesper Ryberg, eds. Sentencing for Multiple Crimes. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190607609.001.0001.
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Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple-crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? Should a court simply determine a specific sentence for each individual crime and then impose the total sentences on the offender? If this happens, an offender convicted of a large number of crimes of low seriousness will receive a sentence comparable to that which would be appropriate to a single very serious crime. Such an outcome would violate the principle of ordinal proportionality in sentencing. This book discusses a range of questions relating to multiple crime cases from the perspective of several legal theories. It considers questions such as the overall proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors representing six different countries and the fields of legal theory, philosophy, and psychology offer their perspectives to the volume, broadening the scope beyond that of the United States. The chapters in this volume therefore contribute to international and domestic efforts to promote a more principled approach to sentencing offenders convicted of multiple offences.
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Sweet, Alec Stone, and Clare Ryan. Constitutional Pluralism and Transnational Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0004.
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In Europe, a cosmopolitan legal order was instantiated through the combined impact of Protocol no. 11 of the ECHR (1998), and the incorporation of the Convention into national legal systems. As a result, two processes—(i) the evolution of constitutional pluralism at the national level; and (ii) the development of rights protection at the transnational level—became causally connected to one another. The first undermined traditional models of domestic orders wherein the notions of constitutional unity and centralized sovereignty reinforced one another. The second process created a multi-level legal system whose effectiveness depends on the extent to which the European Court is able to induce and sustain the cooperation of national courts and officials. The constitutionalization of the proportionality principle, at both the domestic and transnational levels, provided a doctrinal interface for inter-jurisdictional dialogue, and the collective enforcement of the UPR.
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Quong, Jonathan. The Morality of Defensive Force. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198851103.001.0001.
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This book provides an account of the central moral principles that regulate the permissible use of defensive force. The book argues that we cannot understand the morality of defensive force until we ask and answer deeper questions about how the use of defensive force fits with a more general account of justice and moral rights. In developing this view the book offers original accounts of liability, proportionality, and necessity. It also argues, contra the dominant view in the literature, that self-defence can sometimes be justified on the basis of an agent-relative prerogative to give greater weight to one’s own life and interests. The book also provides a novel conception of individual rights against harm. Unlike some, who believe that our rights against harm are fact-relative, Quong argues that our rights against being harmed by others must, in certain respects, be sensitive to the evidence that others can reasonably be expected to possess. The final chapter provides an extended defence of the means principle, a principle that prohibits harmfully using other persons’ bodies or other rightful property unless those persons are duty bound to permit this use or have otherwise waived their claims against such use.
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Heintschel von Heinegg, Wolff. Blockades and Interdictions. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0044.
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This chapter examines the rules and principles that govern a naval or aerial blockade or some other form of interference with foreign vessels and aircraft in the absence of an explicit authorization by the UN Security Council. After clarifying the concept of blockade under the jus ad bellum and the jus in bello, it considers blockades authorized as military enforcement measures. It also discusses some unresolved or even contested issues regarding the legality of blockades, with reference to blockades in situations other than international armed conflict and the principle of proportionality in relation to humanity. The scope of interdiction operations and its legal bases under international treaties are analysed next, together with maritime interdiction operations and the applicability of prize law during non-international armed conflicts. Finally, the chapter explores the right of individual or collective self-defence as a basis for interdiction operations.
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Monteiro, Cássia Juliana de Souza. A liberdade religiosa dos professores, na Alemanha - A proibição geral do uso do véu islâmico por professoras de escolas públicas, em especial. Brazil Publishing, 2021. http://dx.doi.org/10.31012/978-65-5861-351-0.
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In this study, we used as a basis the examination of the German Constitutional Court case law of January 27th, 2015, in which the right of two Muslim employees at public schools to use hijab in the workplace was discussed. We cover the protection of religious freedom in Germany, as defined in art. 4th of the German Basic Law; the relevance of abstract risk and concrete risk in the rationale for an eventual restriction on the fundamental right to religious freedom; the difference and the application of “weighting” and “proportionality”, within the scope of the constitutional interpretation principle of “practical agreement”, where the legal assets to be protected must be coordinated with each other, so that each of them, individually, gain reality, being applied in the relationship “positive religious freedom v. negative religious freedom”; and we highlight the importance of the concept of “neutrality” adopted by States, where some of them are based on secularity and others on secularism.
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Moreno-Lax, Violeta. The EU Right to Asylum: An Individual Entitlement to (Access) International Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0009.
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This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.
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Clapham, Andrew, and Paola Gaeta, eds. The Oxford Handbook of International Law in Armed Conflict. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.001.0001.
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TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.
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De Laurentis, Giacomo, Eugenio Alaio, Elisa Corsi, Emanuelemaria Giusti, Marco Guairo, Carlo Palego, Luca Paulicelli, et al. Rischio di credito 2.0. AIFIRM, 2021. http://dx.doi.org/10.47473/2016ppa00030.
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The EBA Guidelines on loan origination and monitoring (hereinafter "GL LOM") undoubtedly represent a substantially new piece of the banking regulatory framework. In fact, for the first time, the regulator moves into a topic that was traditionally outside the scope of financial regulation, so far almost exclusively focused on aspects directly linked to both micro- and macro-prudential stability, notably through capital and liquidity management requirements and guidelines on Business Model and Internal Governance. The credit management process, and in particular loan origination and monitoring, has always been typically considered as a business issue under sole responsibility of banks, as it is considered one of the "core" processes (if not the "core" process) of the banking business. As a matter of fact, since the issue of the capital requirement regulation (i.e., Basel II and Basel III), and the introduction of the use requirements for the rating systems, the regulator moved very close, but not yet, to prescribe specific credit assessment criteria, while dictating methodological and organizational requirements for the authorization of the rating systems, and leaving substantial freedom to banks to define their own models and embedded assessment criteria and indicators. With the GL LOM, the regulator takes a further step, remarkably beyond its traditional remit, dictating principles and rules for the evaluation of the credit quality of borrowers. The starting point for this new approach from the regulator can be found in the ECB guidelines on Non-Performing Loans, later endorsed by the Bank of Italy Guidelines for Less Significant Banks, aimed at encouraging banks to define their NPL management processes and establish reduction plans to achieve NPL ratio targets in line with the regulator's expectations. Consistently with the focus on NPL, the regulation on Calendar Provisioning, amending the CRR was issued; as being a Regulation, it involves all banks, and not only significant ones (for which the ECB Addendum also applies). In addition, the new definition of default (the so-called "new Dod") has defined stricter criteria for the transition of exposures to the default status and also made the return of "cured" exposures to the performing status more difficult. The combined effect of these regulatory changes has been to make the default of counterparties not only more probable but also much more "expensive" for the banks. The natural “next step” of these regulatory changes was to "move backward" into the management process covering loan origination and monitoring . The EBA's stated objective with the issuance of the GL LOM is to define "robust and prudent" standards of lending practices so as to maintain a low level of NPLs in the future. Therefore, the focus of the GL LOM is the definition of requirements (some outlined as prescriptions, others in terms of principles) for the creditworthiness assessment of counterparties and for the management of the related data and information. Notwithstanding the fact that the Final Report has articulated the principle of proportionality much more clearly as compared to the Consultation Paper, the GLs set out three macro-categories of counterparties for which specific requirements are defined: • Individuals • Micro and small businesses • Medium and large companies. The GL LOM also provide recommendations about the valuation of guarantees both at origination and during ongoing monitoring, encouraging the use of advanced statistical models. The GL LOM focus on real estate guarantees, while financial collateral is outside the scope of the GL LOM. In the mind of the regulator, the GL LOM should not only reflect industry practices, but also incorporate the latest supervisory guidance on lending, and provide the stimulus to include ESG, AML/CTF and the use of innovative technologies into banking origination and, where applicable, monitoring processes.